5-Hour Energy Faker Can't Use False Ad Defense, Judge Hears

Law360, San Francisco (August 22, 2013, 3:45 PM EDT) -- The maker of 5-Hour Energy drinks urged a California federal judge Thursday to throw out Dan-Dee Company Inc.'s claims that it should be excused for counterfeiting the beverage because the original's labeling falsely claims that it contains vitamins and amino acids that boost energy.

Innovation Ventures told U.S. District Court Judge William Alsup that Dan-Dee can't use its unclean-hands argument as an affirmative defense in the case because false-labeling claims can only be raised by consumers. Dan-Dee even benefited from that labeling by copying it, argued...
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